Cuius Est Solum Eius Est Usque Ad Coelum Et Ad Inferos Law and Legal Definition

Cuius Est Solum Eius Est Usque Ad Coelum Et Ad Inferos is a Latin term that means for whoever owns the soil, it is theirs up to heaven and down to hell. This is a principle of property law. The principle states that a person who owns a particular piece of land owns everything above and below it as well. This means that owner of a property could prosecute trespass against people who violated the border but never actually touched the soil. The owner can also sell or lease the property to others, or it can be taken or regulated by the state. However, the U.S. common law limits trespass claims to infringements at a reasonable distance above and below the surface of the land.

Despite the Latin phrasing of the maxim this is not a principle of Roman law, nor was the theory recognized in early common law. This principle of property law can be traced back to 1766 in the commentaries on the laws of England by Blackstone. However, by the end of the 19th century, it transformed into a supposed rule of American law.